Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

California global warming law and legal challenges at a glance
AP on Bakersfield Californian ^ | 9/27/06 | AP

Posted on 09/27/2006 1:13:02 PM PDT by NormsRevenge

California Gov. Arnold Schwarzenegger on Wednesday signed the nation's first statewide cap on greenhouse gas emissions. It was one of several bills related to global warming that was approved by the Democrat-controlled Legislature this year. A universal cap will have the greatest effect on industries such as power plants, refineries and cement makers.

Here's what the law, authored by Assemblywoman Fran Pavley, D-Agoura Hills, would do:

- Mandate that California cut its greenhouse gas emissions to 1990 levels by 2020, about a 25 percent reduction.

- Require the California Air Resources Board to devise a plan by 2009 outlining the expected reductions that industrial sources such as utilities, power plants, manufacturers and cement makers must meet.

- Asks state regulators to develop a market-based program to help industries that may not be able to meet the new targets. If adopted, a market system could allow a California company to buy credits for emission reductions made elsewhere in the world.

- By 2011, requires the state air board to adopt the regulations to meet the 2020 cap. The cap-and-trade program also could be launched at this time. The board would begin enforcing limits and reduction measures in 2012.

- Allows the governor to push the cap deadline back by one year in the event of extraordinary circumstances, catastrophic events or threat of significant economic harm.

---

LEGAL CHALLENGES:

While backed by the governor and legislative Democrats, the aggressive goals set by the emissions cap could prove impossible to meet if industry succeeds with legal challenges in California and elsewhere.

About 20 percent of the cap will be met by emission reductions from cars and light trucks. But in 2004 automakers sued the state when it adopted the tailpipe emission rules.

Here is a brief look at three court cases that could complicate the state's effort:

- Massachusetts vs. Environmental Protection Agency

The case: Led by Massachusetts, a dozen states have sued the Bush administration in an effort to force the federal government to regulate carbon dioxide as a pollutant under the Clean Air Act.

The ramifications: If the court sides with the EPA, it could put California's plan to regulate greenhouse gas emissions from automobiles in doubt. The state passed the tailpipe emissions law in 2002 and has a waiver pending at the EPA to allow it to implement the regulations.

The other parties: California, Connecticut, Illinois, Maine, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington; also includes the cities of Baltimore, New York and Washington, D.C., the Pacific island of American Samoa, the Union of Concerned Scientists, Greenpeace and Friends of the Earth.

- Central Valley Chrysler-Jeep Inc. vs. California Air Resources Board

The case: U.S. and foreign automakers are seeking to block California's 2002 auto emission standards, which were adopted by the California Air Resources Board in 2004. They say the regulations amount to a defacto fuel-efficiency standard, which can be set only by the federal government.

The ramifications: A ruling nullifying the state's regulations would complicate Schwarzenegger's efforts to meet the overall state cap on greenhouse gas emissions. It would leave the state scrambling to find other ways to meet nearly a quarter of its strategy to cut emissions to 1990 levels over the next 14 years.

- Association of International Automobile Manufacturers vs. the Vermont Agency of Natural Resources.

The case: As in California, U.S. and foreign automakers are seeking to block emission standards adopted by the state of Vermont. They also argue that the Vermont emission standards are a defacto fuel-efficiency standard.

The ramifications: Different rulings in the Vermont and California cases could land one of them before the U.S. Supreme Court.


TOPICS: Business/Economy; Culture/Society; Politics/Elections; US: California
KEYWORDS: ab1493; ab32; california; callegislation; climatechange; emissions; epa; ghg; glance; globalwarming; greengovernor; greenhousegases; legalchallenges; schwarzenegger

1 posted on 09/27/2006 1:13:03 PM PDT by NormsRevenge
[ Post Reply | Private Reply | View Replies]

To: Obadiah; NormsRevenge

Ping -- 31


2 posted on 09/27/2006 1:19:15 PM PDT by ElkGroveDan (The California Republican Party needs Arnold the way a drowning man needs an anvil.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Dumb, dumb, dumb...


3 posted on 09/27/2006 1:22:20 PM PDT by DB (©)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

The car manufacturers should just shut down sales in tee state. That will shut them up.


4 posted on 09/27/2006 1:24:45 PM PDT by hophead ("Enjoy Every Sandwich")
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Schwarzenegger signs sweeping global warming bill

http://www.bakersfield.com/119/story/75779.html

By SAMANTHA YOUNG, | Wednesday, Sep 27 2006


Gov. Arnold Schwarzenegger on Wednesday signed into law a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off "a bold new era of environmental protection."

Standing on picturesque Treasure Island with San Francisco's skyline in the background, Schwarzenegger called the fight against global warming one of the most important issues of modern times.

"We simply must do everything we can in our power to slow down global warming before it is too late," Schwarzenegger said during an address before signing the bill.

Mayor Gavin Newsom and New York Gov. George Pataki, as well as Democratic legislators, joined Schwarzenegger for the high-profile ceremony. British Prime Minister Tony Blair, who struck a deal with Schwarzenegger over the summer to develop clean technologies, joined the ceremony via video link.

Blair called the bill-signing "a proud day for political leadership" and "a historic day for the rest of the world, as well."

California's efforts on global warming have been in the spotlight since Schwarzenegger and the state's legislative Democrats reached an accord last month on the Democrat-authored bill to cut greenhouse gases.

The negotiations culminated in the last week of the legislative session, handing the Republican governor a key victory during an election year in which he has sought to portray himself as a friend to the environment.

On Wednesday, Schwarzenegger called the bill signing a historic occasion.

"It will begin a bold new era of environmental protection in California that will change the course of history," he said.

He expected other states, the federal government and even other nations to follow.

"I'm convinced of that ... because nothing is more important than protecting our planet," he said.

Schwarzenegger's Democratic opponent in the November election, state treasurer Phil Angelides, also supports the new law.

It imposes a first-in-the-nation emissions cap on utilities, refineries and manufacturing plants in a bid to curb the gases that scientists blame for warming the Earth. Two years ago, a state board adopted tight regulations on automobile tailpipe emissions, an initiative that is being challenged in federal court by automakers.

State reports have predicted the effects of global warming could be severe for the state, leading to earlier melting of the Sierra snowpack and threats to the state's water supply. It also could lead to changes in the growing season in the nation's No. 1 agricultural producer, even jeopardizing the Napa Valley wine industry.

Schwarzenegger also was expected to sign a second Democrat-sponsored global warming bill with consequences beyond the state's borders. That bill will prohibit California's large utilities and corporations from entering long-term power contracts with suppliers whose electricity sources do not meet the state's greenhouse gas emission standards.

The measure by Sen. President Pro Tem Don Perata, D-Oakland, is intended to force coal plants in the western U.S. to install cleaner technologies.

California's efforts to cut greenhouse gas emissions from industry and automobiles are part of a goal to reduce the state's emissions to 1990 levels by 2020, an estimated 25 percent reduction. California is the world's 12th largest producer of greenhouse gases such as carbon dioxide, methane and nitrous oxide that are trapping heat in the Earth's atmosphere.

Schwarzenegger issued an executive order in 2005 calling for an even more ambitious reduction - cutting the levels of greenhouse gases to 80 percent below 1990 levels by 2050.

In an interview Tuesday with The Associated Press, Schwarzenegger described the emissions-cap bill as one step in a long-term strategy by the nation's most populous state to combat global climate change. He said the state should further reduce industrial emissions and adopt initiatives such as placing greater emphasis on renewable energy and hydrogen-fueled cars.

The industrial emissions cap has been praised by environmentalists as a step toward fighting global climate change, but business leaders have warned that it will increase their costs and force them to scale back their California operations.

Industry officials say California lawmakers must ease other regulatory burdens to counter the higher costs they face with the tighter emissions standards.

An example could be eliminating the sales tax levied on new equipment, said Dorothy Rothrock, vice president of government relations for the California Manufacturers and Technology Association.

"If we do continue to discourage California manufacturing, emission will happen elsewhere without regulation, and we will not have achieved our goal of reducing emissions," she said.

Schwarzenegger said it is possible to protect the environment as well as the state's economy. He expects the law will lead to a new business sector in California devoted to developing the technologies industries can use to meet the tougher emission requirements.

"We can save our planet and boost our economy at the same time," the governor said.


5 posted on 09/27/2006 1:31:45 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
Here's what the law, authored by Assemblywoman Fran Pavley, D-Agoura Hills, would do:

Bankrupt the State!

Did these folks forget Greyout Davis already?

6 posted on 09/27/2006 1:37:23 PM PDT by <1/1,000,000th%
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

I expect the largest polluters in California are the governments of California collectively.

The commutes of the employees, all of the emergency and patrol vehicles and the thousands of busses. Also a factor would be the heavy energy demands of a state and the many municipalities. Just how much does it cost to illuminate a city throughout the night? How much energy is consumed by the thousands of government office buildings requiring climate control and lighting?

One might expect that if the governments of California were to shrink in size to one of 20 years ago, the energy demands would decrease. It would be even more energy efficient to decrease government size to levels of 100 years ago.


7 posted on 09/27/2006 1:56:20 PM PDT by Sgt_Schultze
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge


....what is going on in California? Even Hollywood is starting to film things outside of Cali cause it's cheaper. Problem is all these California losers who voted for this stuff aren't going to like and are going to drag their miserable ideas to other states. :(



8 posted on 09/27/2006 1:57:52 PM PDT by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ElkGroveDan

Actually, you missed 31.
http://www.freerepublic.com/focus/f-news/1709439/posts

This would be 32. :-)


9 posted on 09/27/2006 2:01:27 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
[ Post Reply | Private Reply | To 2 | View Replies]

To: calcowgirl
Actually, you missed 31. This would be 32. :-)

Darn! That's what I get for trying to work and Freep at the same time.

10 posted on 09/27/2006 2:05:50 PM PDT by ElkGroveDan (The California Republican Party needs Arnold the way a drowning man needs an anvil.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: NormsRevenge

11 posted on 09/27/2006 2:13:35 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Old Professer
Varming? Ve can't haff global varming!


12 posted on 09/27/2006 3:06:17 PM PDT by ElkGroveDan (The California Republican Party needs Arnold the way a drowning man needs an anvil.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: ElkGroveDan
Tony's in the house too.. well, sort of..

Guests and the media attending a ceremonial bill signing of the Global Warming Solutions Act of 2006 view a satellite image projection of UK Prime Minister Tony Blair on Treasure Island off the San Francisco coastline Wednesday, Sept. 27, 2006. California Gov. Arnold Schwarzenegger signed into law Wednesday a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off 'a bold new era of environmental protection.' (AP Photo/Ben Margot)

13 posted on 09/27/2006 3:51:37 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 12 | View Replies]

To: NormsRevenge

California Gov. Arnold Schwarzenegger, center, shakes hands with San Francisco Mayor Gavin Newsom after signing Assembly Bill 32, the Global Warming Solutions Act of 2006, Wednesday, Sept. 27, 2006, in San Francisco. Schwarzenegger signed into law a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off 'a bold new era of environmental protection.' Standing on picturesque Treasure Island with San Francisco's skyline in the background, Schwarzenegger called the fight against global warming one of the most important issues of modern times. (AP Photo/Ben Margot)


14 posted on 09/27/2006 3:52:53 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 13 | View Replies]

To: NormsRevenge

California Gov. Arnold Schwarzenegger, center, shakes hands with San Francisco Mayor Gavin Newsom after signing Assembly Bill 32, the Global Warming Solutions Act of 2006, Wednesday, Sept. 27, 2006, in San Francisco. Schwarzenegger signed into law a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off 'a bold new era of environmental protection.' Standing on picturesque Treasure Island with San Francisco's skyline in the background, Schwarzenegger called the fight against global warming one of the most important issues of modern times. (AP Photo/Ben Margot)


15 posted on 09/27/2006 3:52:59 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 13 | View Replies]

To: NormsRevenge

California Gov. Arnold Schwarzenegger speaks before signing the Global Warming Solutions Act of 2006 on Treasure Island off the San Francisco coast Wednesday, Sept. 27, 2006. Schwarzenegger signed into law a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off 'a bold new era of environmental protection.' (AP Photo/Ben Margot)


16 posted on 09/27/2006 4:01:37 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

California Gov. Arnold Schwarzenegger signs Assembly Bill 32, the Global Warming Solutions Act of 2006, Wednesday, Sept. 27, 2006, in San Francisco. Schwarzenegger signed into law a sweeping global warming initiative that imposes the nation's first cap on greenhouse gas emissions, saying the effort kicks off 'a bold new era of environmental protection.' Standing on picturesque Treasure Island with San Francisco's skyline in the background, Schwarzenegger called the fight against global warming one of the most important issues of modern times. (AP Photo/Ben Margot)


17 posted on 09/27/2006 4:03:28 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sgt_Schultze
Thanks for the insight. A point well taken and a reduction easily imposed.

The electrical energy consumed in the dead of night (2 a.m. to 4 a.m.) is easily documented. It is, at a minimum, about 60% of daytime use. Use last night was split between industry, government safety lighting and commercial environmental/advertising needs since temps generally precluded residential A/C use.

18 posted on 09/27/2006 5:01:38 PM PDT by Amerigomag
[ Post Reply | Private Reply | To 7 | View Replies]

To: NormsRevenge
Wealth redistribution based on total science ignorance.
I hope voodoo and witch doctors don't get elected to the California legislature next...

Limiting CO2? You can redistribute the locations where you can create it, but you can't reduce or eliminate it. No matter what means of fueling vehicles and industry is chosen.

Wait. If the hydrogen for fuel cells or direct hydrogen combustion is produced on the moon...
Or if a hit contract is placed on the Kennedys to allow windmills everywhere...

19 posted on 09/27/2006 5:45:25 PM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson